Allowed

Ram Pukar Mahto v. The State Of Bihar, Through The Principal Secretary, Excise Department, Bihar, Patna and Ors.

Patna HC22 Jun 2018CR. WJC/1353/2018

Case brief

AI extract

What is this about?

Petitioner sought release of his vehicle detained in connection with excise offences involving illicit wine recovery. Court approved provisional release on furnishing bank guarantee or property deed and undertaking.

What did the court decide?

Vehicle released provisionally within a week on production of proof of ownership and registration subject to furnishing surety bond of Rs. 3,00,000 and.

Ram Pukar Mahto Vs The State Of Bihar, Through The… — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1353 of 2018

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Ram Pukar Mahto, Son of Lochan Mahto, Resident of Village- Pachaharwa, Ward No. 06, H.No. 98, P.S.- Majorganj, District- Sitamarhi.

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.... .... Petitioner

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Versus

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The State of Bihar, through the Principal Secretary, Excise Department, Bihar, Patna.

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The Collector/ District Magistrate, Sitamarhi.

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The Superintendent of Police, Sitamarhi.

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The Excise Superintendent, Sitamarhi.

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The Excise Inspector, Sitamarhi.

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The Officer-in- charge, Riga P.S., Sitamarhi.

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.... .... Respondents

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Appearance :

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For the Petitioner/s : Mr. Alok Kumar Alok For the Respondent/s : Mr. Vikash Kumar (Sc11)

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2. 22-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

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Petitioner has prayed for release of the vehicle (Tata Magic) bearing registration no. BR-06-GC-2465 in favour of the petitioner in connection with Riga P.S. Case No. 118/2018 for the offences under Section 272, 273 of the I.P.C. and 30(a) of Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that total 288 liters of illicit Napali Saufi wine has been recovered from the vehicle in question.

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Learned counsel for the petitioner further submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

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In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let

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Patna High Court Cr. WJC No.1353 of 2018 (2) dt.22-06-2018

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the vehicle, if belongs to the petitioner, be released provisionally within a week on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:-

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(i) Petitioner shall furnish a surety bond of Rs. 3,00,000/- (Three Lakhs only) in form of Bank guarantee or the original title deed of an immovable property lying within the jurisdiction of the court or any other security of like nature to the satisfaction of the learned Court below or the Collector cum District Magistrate, Sitamarhi.

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(ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the court below and/or the Collectorcum-District Magistrate, Sitamarhi as and when directed.

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(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

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This application is, accordingly, disposed off.

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(Rajeev Ranjan Prasad, J.)

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Rajeev/-

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U T

Ram Pukar Mahto v. The State Of Bihar, Through The Principal Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Ram Pukar Mahto v. The State Of Bihar, Through The Principal Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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